- (1.) THIS criminal appeal under Section 374 Cr.P.C. has been filed by appellants Bhupendra Pratap Singh and Dhirendra Pratap Singh against the judgment and order dated 01.01.1990 passed by the VIth Additional Sessions Judge, Allahabad in Sessions Trial No. 63 of 1989. The appellants have been convicted of an offence under Section 302 read with 34 IPC and have been sentenced to undergo life imprisonment.
(2.) THE prosecution story, as is borne out from the records, is as follows: A first information report was registered with the police station -Sarai Inayat, district -Allahabad on 23rd April, 1984 at 6.45 p.m. It was recorded that because of dispute pertaining to landed property there was an enmity between the families of Abhay Raj Singh accused and Jagdish Kumar. The dispute with regard to the landed property was pending in Court. On 23.04.1984 when the informant along with Jagdish Kumar was returning from railway station Ramnathpur on a cycle, and they had reached near the Kotwa Water Tank at about 05.00 p.m., accused Abhay Raj Singh with a Ballam in his hand and Bhupendra Pratap Singh and Dhirendra Pratap Singh with gun in their hand came in front. Abhay Raj Singh exhorted Bhupendra Pratap Singh and Dhirendra Pratap Singh, who fired upon Jagdish Kumar with the gun in their hand. Jagdish, on being hit, fell on the ground. The informant ran and started shouting as a result whereof Pradeep Kumar Singh resident of Uttari Kotwa and Manmohan Singh, resident of Dakchhini Kotwa and other persons came to the spot. They challenged the accused, as a result whereof the accused ran towards the western side. It was also stated that Jagdish Kumar expired on the spot due to gun shot injury and that the accused have left a cycle, Jhola (bag) and Chappal on the spot.
(3.) ON the basis of the first information report a case under Section 302 IPC was registered against the accused. Sub Inspector Israr Ahmad prepared the Panchnama of the dead body and forwarded the same for postmortem. He also recovered a cycle along with Thaila (bag) and a pair of Chappal from the spot. The cycle, on which Jagdish was travelling, was also recovered from the spot. Site plan was prepared, which was marked as Exhibit -Ka -11d. Postmortem of the dead body of Jagdish Kumar was conducted on 24.04.1984 by Dr. Udai Shankar Singh. The investigation was completed by Sri Prem Prakash, the then Station House Officer, Sarai Inayat, who submitted the charge -sheet against the accused. The prosecution in support of its case examined Dinesh Kumar Singh the informant eyewitness as P.W. -1. Pradeep Kumar Singh, the other eyewitness was examined as P.W. -2, Dr. Udai Shankar Singh, who had conducted the postmortem, was examined as P.W. -3. Investigating Officer, Prem Prakash was examined as P.W. -4. Head Constable Digambar Tiwari, who had prepared Chik F.I.R. and had registered the first information report, was examined as P.W. -5. Israr Ahmad, who had prepared the Panchnama, was examined as P.W. -6. Constable Ravinath Pandey, who had taken the dead body for postmortem, was examined as P.W. -7.;